Moving Towards Sustainable Coastal Development in South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through the Instrumentality of Law

For long, coastal management focused on the sustainable utilization of coastal resources and avoidance and management of conflict, as well as the promotion of complementarities between users. However, with rising sea levels and other climate change impacts, coastal management has become increasingly complex. This thesis investigates the legal instruments underpinning the management of coastal zones, exploring the concept of sustainable coastal development (SCD) and the relevance of the integrated coastal zone management (ICZM) process. Specifically, the discourse analyzes how law and legal regimes play a backbone role in strengthening and supporting ICZM implementation by facilitating the linkage between ICZM and coastal climate change adaptation (CCCA) to contribute to SCD. Countless reports and studies testify that several of the world’s coastal regions have already and will continue to be detrimentally impacted by sea level rise (SLR) and climate change. One of the major theaters where these impacts will be most acute is South Asia, where vast populations are crowded into low-lying coastal areas. Most of the residents in these zones are economically constrained and have poor adaptive capacities, leaving them particularly vulnerable to climate change and SLR. Accordingly, operationalizing ICZM and linking it with CCCA is vital to these coastal communities, as is enacting and reengineering their coastal laws to affect the linkage. However, given the magnitude of the problem and the inability of most of the South Asian coastal countries to be able to respond singularly to the challenges there is an urgent need for greater regional co-operation. Drawing on the experiences of other coastal countries and regions, certain core principles that can inform coastal law-making for South Asia are identified. The idea is that these principles when set in a regional level instrument (in the instant case, the South Asian Seas Action Plan), will not only go a long way to strengthen regional cooperation, but also, and more importantly, will help coastal countries develop their respective coastal laws by effectuating the linkage between ICZM and CCCA implementation. This reform agenda has significant potential to facilitate the move towards SCD

Water Federalism, Tribunalization of Water Justice and Hydro-Politics: India’s Inter-State River Water Disputes Act at 65 Years

India’s water federalism is at a crossroads. It is a unique two-tier system that has the constitutional and enabling provisions for water management and inter-state water dispute resolution as its base. These support the tribunal system that adjudicates inter-state river water disputes and administers water justice. More than six decades have elapsed since its establishment. At the same time, during this period, the per capita water availability has fallen drastically. India is now one of the world’s most water-stressed countries. Water disputes between States are becoming more animated and highly volatile. This article examines water federalism in India in terms of two questions: 1) Should water be transferred from the State List to the Concurrent List? 2) Should India persist with the tribunal system or replace it with the judicial process at the Supreme Court level? The first assumes importance as India persists with the river linking project. The second is relevant because the Inter-State River Water Disputes Act is almost 65 years old. In 2016, India’s Supreme Court re-wrote the law, and, more recently, the Union Government sought to revamp the Inter-State River Water Disputes Act through amendments. All these impel the need to re-look the idea of water federalism as it operates in India in its entirety

The Role of the UNFCCC Regime in Ensuring Effective Adaptation in Developing Countries: Lessons from Bangladesh

This paper provides a general overview of the UNFCCCs approach to adaptation, and then conducts a case study of adaptation efforts in Bangladesh. Based on the results of the case study and drawing on existing literature, the paper considers to what extent the current approach under the UNFCCC is likely to be effective, and how UNFCCC adaptation efforts might be strengthened

Governance of Arctic Marine Shipping

The governance of shipping activities in the Arctic might be described as a complicated mosaic The 1982 United Nations Convention on the Law of the Sea UNCLOS often referred to as the constitution of the oceans sets out the overall legal framework for the regulation of shipping The Convention sets out coastal state legislative and enforcement powers over foreign ships according to the maritime zones of jurisdiction laid out in the Convention A fragmented array of international agreements attempts to address specific challenges raised by shipping such as marine pollution prevention standards ship safety seafarer rights and qualifications and liability and compensation for spills Appendix A In addition the threats raised toby ships operating in icecovered waters have led northern countries that border these waters such as Canada and Russia to adopt national legislation specifically for Arctic shipping Appendix

Governance of Arctic Marine Shipping

The governance of shipping activities in the Arctic might be described as a “complicated mosaic.” The 1982 United Nations Convention on the Law of the Sea (UNCLOS), often referred to as the constitution of the oceans, sets out the overall legal framework for the regulation of shipping. The Convention sets out coastal state legislative and enforcement powers over foreign ships according to the maritime zones of jurisdiction laid out in the Convention. A fragmented array of international agreements attempts to address specific challenges raised by shipping such as marine pollution prevention standards, ship safety, seafarer rights and qualifications, and liability and compensation for spills (Appendix A). In addition, the threats raised to/by ships operating in ice-covered waters have led northern countries that border these waters, such as Canada and Russia, to adopt national legislation specifically for Arctic shipping (Appendix B)

Nature-Based Solutions to Sea Level Rise and Other Climate Change Impacts on : A Law and Policy Perspective

There are several nature-based adaptation options available to coastal nations. In this paper, we offer a brief overview of these options and then focus on mangroves to consider how laws and policies can support nature-based solutions and thereby contribute to more effective overall adaptation efforts. We first outline the concept of adaptation and its variants, thereby setting the context for this study. We then briefly explore the science relating to nature-based adaptation. We analyze the international legal regime in place to protect mangrove ecosystems. Finally, we discuss the merits, the challenges, and strategies developed to surmount some of the challenges that coastal countries can face while implementing nature-based adaptation options by utilizing Bangladesh’s experience on mangrove conservation as a case study. Ultimately, we conclude that it may be necessary to implement both hard and nature-based adaptation options and that an effective law and policy framework will be critical. It will also be important to look beyond physical coastal protection to augment coastal livelihoods and build resilient coastal communities with greater adaptive capacitie

Nature-Based Solutions to Sea Level Rise and Other Climate Change Impacts on : A Law and Policy Perspective

There are several nature-based adaptation options available to coastal nations. In this paper, we offer a brief overview of these options and then focus on mangroves to consider how laws and policies can support nature-based solutions and thereby contribute to more effective overall adaptation efforts. We first outline the concept of adaptation and its variants, thereby setting the context for this study. We then briefly explore the science relating to nature-based adaptation. We analyze the international legal regime in place to protect mangrove ecosystems. Finally, we discuss the merits, the challenges, and strategies developed to surmount some of the challenges that coastal countries can face while implementing nature-based adaptation options by utilizing Bangladesh’s experience on mangrove conservation as a case study. Ultimately, we conclude that it may be necessary to implement both hard and nature-based adaptation options and that an effective law and policy framework will be critical. It will also be important to look beyond physical coastal protection to augment coastal livelihoods and build resilient coastal communities with greater adaptive capacitie

Governance of Arctic Marine Shipping

The governance of shipping activities in the Arctic might be described as a “complicated mosaic.” The 1982 United Nations Convention on the Law of the Sea (UNCLOS), often referred to as the constitution of the oceans, sets out the overall legal framework for the regulation of shipping. The Convention sets out coastal state legislative and enforcement powers over foreign ships according to the maritime zones of jurisdiction laid out in the Convention. A fragmented array of international agreements attempts to address specific challenges raised by shipping such as marine pollution prevention standards, ship safety, seafarer rights and qualifications, and liability and compensation for spills (Appendix A). In addition, the threats raised to/by ships operating in ice-covered waters have led northern countries that border these waters, such as Canada and Russia, to adopt national legislation specifically for Arctic shipping (Appendix B)